New USCIS Form I-539

February 28, 2019

Form I-539 is a USCIS application to request a change from one nonimmigrant status to another, or to extend a nonimmigrant visa status. Generally, a change of status while in the US is problematic because of the lengthy processing time. The I-539 is used to extend the status of individuals in B-1/B-2 status, and the dependents of individuals in statuses such as H-1B, TN and O-1 (not used by Fs and Js).

New Form I-539A for Co-Applicants

When there are multiple people filing together such as a parent (“primary applicant”) and one or more children (“co-applicants”), a newly created form, Form I-539A, must be completed for each individual co-applicant and submitted with the primary applicant’s I-539. The primary applicant signs the I-539 and each co-applicant will be required to sign their respective Form I-539A. Parents can continue to sign the forms for children under 14 years of age.)

New Biometrics Fee and Personal Appearance Requirement

Every I-539 and I-539A applicant and co-applicant, regardless of age, will receive a biometric services appointment notice in the mail. At this appointment applicants will be required to be photographed and fingerprinted at the nearest USCIS Application Support Center (ASC). An additional $85 biometrics fee will be charged per I-539 and I-539A applicant, in addition to the $370 filing fee for the Form I-539.

New Form Will be Available on USCIS Website on March 8, 2019

The current I-539 (dated 12/23/16 on the bottom left of each page) will not be accessible online after March 7th but may be received by USCIS until March 21. The new Forms I-539 and I-539A and their instructions can be accessed here.

Please refer to the USCIS Updated Announcement.